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What should my friend know about their work permit cancellation and the implications for their visa status in Thailand?
Work Permit CancellationExtension of Stay based on EmploymentVisa Rules in ThailandOverstay ConcernsImmigration DatabaseExit Procedures from Thailand
Mar 15, 2021
5 years ago
Natalia ****
ORIGINAL POSTERWork permit termination question. My friend’s work permit was cancelled. He is leaving the country 2 weeks after that. His “extension based on employment” was not cancelled as the lawyer office servicing the company claims that there is no database connection, and immigration officer in the airport will not see that his work permit was cancelled, and he has overstayed for 2 weeks. But that goes against all the advice I’ve read before in this group. Is this really true that there is no database connection?
TLDR : Answer Summary
A friend recently faced a situation where their work permit was canceled while their extension of stay based on employment remained active. Confusion arose regarding whether there is a database connection that would expose their overstay. Community comments clarified that while visas cannot be canceled, extensions can be affected by work permit cancellations. Despite fears of penalties, the friend exited Thailand without any issues or fines, raising questions about the database integrity and future immigration implications.
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Natalia ****
ORIGINAL POSTERHi everyone, here’s the update. Thanks to the moderators for reopening the post. Hope they will not block me in the group for this update ;))
But my friend successfully passed the passport control without any overstay payment. No one asked any question. I learned that his colleague was in a similar situation 6 months ago, and also successfully exited the country without any fine. Well, we don’t know what may happen if they try to enter the country again in the future, but for now everything was smooth.
But my friend successfully passed the passport control without any overstay payment. No one asked any question. I learned that his colleague was in a similar situation 6 months ago, and also successfully exited the country without any fine. Well, we don’t know what may happen if they try to enter the country again in the future, but for now everything was smooth.
James ********
So they know...if they apply for a work permit in the future...they will not get one.
Good Luck to them...
Commenting closed
Good Luck to them...
Commenting closed
Benjamin ******
@Natalia ***
I'm stunned. Do you have a picture of the overstay stamp?Natalia ****
ORIGINAL POSTER@Benjamin *****
no overstay stamp in the passport. Just departure stamp.Benjamin ******
@Natalia ***
And that's for an overstay for 2 weeks, correct?Natalia ****
ORIGINAL POSTER@Benjamin *****
correctBenjamin ******
@Natalia ***
I'm surprised :O The only problem your friend would have in the future with a 2 week overstay is trying to get an elite visa, OR a tourist visa from the Thai consulate in Penang (if my memory serves me right). Other then that, he can come in without any problem.s
Natalia ****
ORIGINAL POSTER@Benjamin *****
thank you for the information!At least we know how it works in reality nowadays, when someone leaves the country.
James ********
@Natalia ***
I would not bet on it happening as matter of standard process. Natalia ****
ORIGINAL POSTER@James *******
right, higher quantity of recent cases would be better for the statistics)Amornrat **********
@Natalia ***
when he return to country and apply for a new work permit the system will be checked against the database from Labour and he will be paying his overstay, but since you proudly announced I do believe that Immigration is also aware of this loophole and it is just a matter of time that this loophole will be closed and people will be made to pay overstay at airport. Natalia ****
ORIGINAL POSTER@Amornrat *********
I just described the particular situation. Coz there were contradicting advice. And no, my friend doesn’t plan to work in Thailand in the future. He may arrive on a tourist visa though. Reply to
Natalia ****
Reply
Benjamin ******
By request of the OP, commenting has been reopen
Guenter ********
And again ... the importance of right and correct wording
Benjamin ******
> His visa was not cancelled
Visas can not get cancelled. HOWEVER... One Year Extension of Stays based on employment can get cancelled. If I was a betting man, I would say your friend has a one year extension of stay based on employment STAMP, and NOT a visa.
A one year extension of stay based on employment is valid for a year, OR until the reason for the extension no longer exist, whatever comes first. Because the extension of stay exist based on employment, as soon as the work permit is cancelled, the extension of stay is also cancelled.
ON THE OTHER HAND, if the person has a visa sticker, then the person can stay in Thailand until the admitted to stamp.
Visas can not get cancelled. HOWEVER... One Year Extension of Stays based on employment can get cancelled. If I was a betting man, I would say your friend has a one year extension of stay based on employment STAMP, and NOT a visa.
A one year extension of stay based on employment is valid for a year, OR until the reason for the extension no longer exist, whatever comes first. Because the extension of stay exist based on employment, as soon as the work permit is cancelled, the extension of stay is also cancelled.
ON THE OTHER HAND, if the person has a visa sticker, then the person can stay in Thailand until the admitted to stamp.
Terrill *******
Unless I missed it, I don't think that the original question was ever properly answered. She in essence asked whether or not there's a database connection between immigration and the labor department. It would be useful for myself to know as well - I will finish my job on April 30th, but my extension of stay is valid until September. Let's say I try to leave Thailand on June 1st. How will immigration know that my work permit ended on April 30th? They must know that in order to issue me the appropriate fines. So there IS a database connection - correct? Or will they request to see paperwork regarding my work permit?
Benjamin ******
@Terrill ******
the database is connected between the labor department and the immigration office. The extension of stay based on employment is cancelled automatically when the work permit is canceled. Terrill *******
@Benjamin *****
Or when it expires?Benjamin ******
@Terrill ******
the extension of stay based on employment is valid for either:A. One year;
B. The length of the passport ;
C. The length of the contract ;
D. For the validity of the work permit
Whichever is the shortest amount of time.
Terrill *******
@Benjamin *****
Yes, I understand that. Thank you. So when my work permit expires on April 30th, and I try to leave Thailand on June 1st, immigration at the airport will see in their database that my extension of stay, even though it says September 2021, is no longer valid. Correct?Benjamin ******
@Terrill ******
if you leave on June 1, the immigration officer will see that you are 30 days overstay, and will change you 15,000 THB fine. Also, when you signed for your extension of stay based on employment, one of the conditions was a valid work permit.
Reply to
Benjamin ******
Reply
Len *****************
Immigration at the airport will not care if his passport has "cancelled stamp" on his extension.
The only problem he "might" encounter is when he returns and apply for an extension at the local immigration. They will overlook that he left the country and got a new visa. This is case to case basis (from one local immigration to another).. As they will see that he "left " the country 2 weeks after his permission of stay /based on a work permit" was cancelled.. he will be fined from the date his wp was cancelled until he flew out.
As advised, its better to go to the local immigration, have it stamped cancelled and apply for an extension due covid reason
The only problem he "might" encounter is when he returns and apply for an extension at the local immigration. They will overlook that he left the country and got a new visa. This is case to case basis (from one local immigration to another).. As they will see that he "left " the country 2 weeks after his permission of stay /based on a work permit" was cancelled.. he will be fined from the date his wp was cancelled until he flew out.
As advised, its better to go to the local immigration, have it stamped cancelled and apply for an extension due covid reason
Natalia ****
ORIGINAL POSTER@Len ****************
That makes sense, thank you. Probably then he will need to enter Thailand with a new passport next time.Benjamin ******
@Natalia ***
Don't bother trying to enter in a new passport, the information is cross referenced via biometrics.Natalia ****
ORIGINAL POSTER@Benjamin *****
I know that in theory, but technically people say that everyone’s case is closed when they leave the country, if there was no criminal offense.Ellie *******
Go to immigration office, cancel his extension, pay overstay fine, buy 7days to leave (application not approved) for 1,900thb if cannot go on the departure date, and leave the country IF he WANTs to come back to Thailand. Changing his passport, even getting new passport from another country, wouldn't help.
Or just leave Thailand without cancelling (may or may not have to pay fine) and everything behind if he leaves Thailand for good and wouldn't come back.
Or just leave Thailand without cancelling (may or may not have to pay fine) and everything behind if he leaves Thailand for good and wouldn't come back.
Ellie *******
@Natalia ***
Even if he is still in the permitted until date without cancelling WP, he NEEDS to cancel his extension of stay before he leaves, it doesn't matter if it will expire. If not cancel extension clearly and if he would come back for long term visa/extension, he will face trouble.Mikkel *******
@Natalia ***
Case is closed when you leave, if you don't intend on coming back and apply for a new extension at a later date.. If you do, better to solve it before leaving the country in the first place, as it can get messy if you don't.Reply to
Mikkel *******
Reply
Natalia ****
ORIGINAL POSTER@Benjamin *****
it’s almost departure date. If he goes to immigration now, there certainly will be fines... However Thai lawyer claims that no overstay fine will be applicable when the said person shows up at the passport control in the airport. Claims that other clients of theirs left under the same conditions, and were pretty fine.Benjamin ******
@Natalia ***
>However Thai lawyer claims that no overstay fine wilThe lawyer has NO idea what s/he's talking about. IF you believe the lawyer, go ahead.
Natalia ****
ORIGINAL POSTER@Benjamin *****
Thank you for your advice anyway!I guess I will be able to post an update on the situation later this week.
Natalia ****
ORIGINAL POSTER@Benjamin *****
okay, I just wanted to double check.Reply to
Natalia ****
Reply
Natalia ****
ORIGINAL POSTER@Benjamin *****
what should he expect at the passport control in the airport?Benjamin ******
@Natalia ***
He should expect a fine of 500THB a day, with a maximum fine of 20K THB. If he is past 90 days, then it's a one year blacklist. HOWEVER... I highly recommend for him to go to the local immigration office and apply for a 60 day extension of stay based on unable to travel due to COVID-19. This extension of stay is valid for 60 days, and the cost will be the overstay fine + 1,900 THB.
Benjamin ******
@Jay ****
No it is not a blacklist. It is only a blacklist if:1. You are caught OR;
2. You are 90 days past.
See
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For more information
Reply to
Benjamin ******
Reply
Natalia ****
ORIGINAL POSTER@Benjamin *****
year extension, yes, not visa sticker anymore, sorry.Reply to
Natalia ****
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